K2 item: Hans Christian Galst, Kristine Toke Mogensen

Marketing and sales are increasingly moving online. E-commerce, social media and digital advertising have created new opportunities for businesses and are now an integral part of most companies’ commercial activities.

We advise clients on the legal aspects of campaigns, advertising, newsletters and other marketing activities, including social media marketing, to ensure compliance with applicable laws and regulations.

We also advise on websites and e-commerce platforms, privacy and cookie policies, and terms and conditions of sale and delivery, helping businesses ensure that their digital activities comply with the relevant legal requirements.

In addition, we assist clients in matters involving former employees, business partners or competitors, including breaches of the Danish Marketing Practices Act, unfair marketing practices and the misuse of trade secrets.

Sustainability, Ethical Marketing and Greenwashing

Sustainability, environmental and other ethical claims in marketing are subject to increasingly stringent requirements. We advise businesses on claims relating to sustainability, corporate responsibility, climate, the environment, CO₂ reductions and other green credentials. We also conduct legal reviews of campaigns and marketing materials to identify and minimise the risk of greenwashing and misleading marketing.

Our advice takes into account both general marketing law and relevant case law and regulatory guidance, including guidance and practice from the Danish Consumer Ombudsman, as well as legislation applicable to the specific sector or product. This enables us to assess green claims against both general marketing rules and more specific sector- and product-related requirements.

Legal Advice from Concept to Campaign – and in Matters Involving Regulatory Authorities

We encourage clients to involve us early in the process. Whether a campaign is still at the concept stage or the marketing materials are ready for launch, we can provide legal guidance and review the content before publication. This allows potential legal issues to be identified and addressed at an early stage.

Where a matter has already been raised, for example following an enquiry or proceedings initiated by the Danish Consumer Ombudsman, we assist with the handling of the case and communication with the regulatory authorities.

Our advice therefore covers the entire process, from early-stage legal guidance and campaign reviews to representation in specific marketing law matters and regulatory proceedings.

International marketing and e-commerce

Marketing and e-commerce increasingly operate across borders. Through our international network of lawyers, we can involve trusted colleagues in other jurisdictions where a matter has a cross-border or international dimension.